Supreme Court of North Carolina, 1878

Holmes v. . Foster

Holmes v. . Foster
Supreme Court of North Carolina · Decided January 5, 1878 · Faircloth
78 N.C. 35
Holmes v. . Foster

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Faircloth, J.

This action was commenced after July 1st, 1869, and before the Act of 1876-’77, eh. 241, and the-Court had jurisdiction to give judgment against the obligors, and for the purpose of ascertaining the amount of the debt against the administrator; but it had no authority to investigate his accounts or to fix him with assets by any judgment. Bat. Rev., ch. 45, § 95. Vaughn v. Stephenson, 69 N. C. 212; Dunn v. Barnes, 73 N. C. 273.

That part of the judgment which ascertains the debt as-•against the administrator is affirmed, and the other part is reversed. The defendant administrator will recover his-costs in this Court.

Error.

FeR Cubiam. Judgment accordingly-

Case-law data current through December 31, 2025. Source: CourtListener bulk data.